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IP Value 2013 - Building and enforcing intellectual property value

A slowly turning tide

Investors are beginning to see that there is real potential in intellectual property. And although company boards of all sizes may still struggle to appreciate this fact, such a state of affairs cannot continue forever. View PDF

How IP issues are becoming more important to listed companies

NYSE Euronext® is a leading operator of financial markets in Europe and the United States and a provider of comprehensive trading technologies. The company’s exchanges trade equities, futures, options, fixed-income and exchange-traded products. View PDF

Legal perspectives: Cross border

Patent protection for new uses of known drugs

“The most effective way to move from target identification to the clinic is to identify already approved drugs with the potential for activating or inhibiting unintended targets.”
(S Dakshanamurthy et al, J Med Chem, 2012, 55(15), pp6832–6848.) View PDF

The competition/IP law nexus in Europe

The nexus between IP and competition law has become the focus of attention in Europe in recent months. In particular, in patent cases antitrust issues and competition law have become an important part of litigation and litigation strategy. As the guardian of free competition, the European Commission appears willing to take an increasing role in this context. View PDF

Key considerations in transnational patent litigation

Extortion or blackmail is a criminal act which is prosecuted in most countries. However, if an extortioner stays within the legal framework of specific acts, he or she can manipulate a competitor or assets owner into waiving potential claims and/or assets – and prosecutors are unlikely to take notice. View PDF

Moving ever closer to the unitary patent

The chapter “A unitary patent: not if, but when” in IP Value 2012 considered the state of play concerning the proposed European unitary patent and concluded that it was just a matter of time before the final loose ends were brought together. View PDF

Naked licensing

The concept of ‘naked licensing’ can have an major impact on proprietary rights in a licensed trademark and the consequences can include the abandonment or relinquishment of rights and ineffective enforcement. View PDF

Legal perspectives: North America

Modernisation and flux

Canada’s IP regime is in a time of flux. For several years Canada has been party to trade negotiations with various other jurisdictions in which intellectual property factors heavily. View PDF

The impact of Mayo v Prometheus

On March 20 2012 the US Supreme Court issued a surprisingly unanimous decision in Mayo Collaborative Services v Prometheus Laboratories, Inc, holding that method claims that involved administering a drug to a patient and determining the therapeutic effects were not patentable subject matter. View PDF

Controlling costs in patent litigation

Whether you are a patent owner who needs to stop an infringing competitor in order to protect your market position or a start-up company that is being threatened with a patent infringement lawsuit, the costs of patent litigation can escalate quickly and overwhelm the business reasons underlying the suit. View PDF

Legal perspectives: Latin America & Caribbean

Caribbean intellectual property in a nutshell

Many years ago, an international filing meant filing IP rights before the local industrial property registry of each country. View PDF

Pharmaceutical companies score another victory as Pfizer loses appeal

In 2009 Jamaican pharmaceutical companies Medimpex Jamaica Limited and Lasco Distributors Limited won a patent infringement battle over amlodipine besylate (also known as salts of amlodipine), in a case initiated by Pfizer Limited in 2002. View PDF

Recent developments in clinical data exclusivity

Mexico, along with the United States and Canada, was one of the first countries to sign data protection provisions in a free trade agreement. View PDF

New Organic Labour Law initiates changes to IP legislation

The concept of copyright provides protection to creators of original and innovative works. Other related rights also stimulate and encourage creators – whether by acclaim or financial reward – leading to an environment which promotes culture, knowledge and entertainment throughout the world. View PDF

Legal perspectives: Europe, Middle East & Africa

Improving legal certainty in patent cases

It is not enough to have a strong patent granted; it is also important to be able to enforce the patent in an efficient and predictable manner. View PDF

Investigative seizures and preliminary injunctions: a winning team

When faced with infringement, most patent holders would like to obtain an effective injunction as fast as possible – preferably the next day. View PDF

Digital data products: no end to patent piracy

In the late 1880s the German chemical industry raised concerns about patent piracy by competitors, which were implementing production processes patented in Germany for chemicals in countries without patent protection (eg, Switzerland) and importing products created by such patented processes into Germany. View PDF

Trademark law finally falls into line with European IP legislation

On April 11 2012 the government passed the long-awaited Trademark Law (4072/2012), which abolishes its outdated predecessor (2239/1994). View PDF

Examining enforcement strategies

Enforcement programmes can be extremely expensive. In order to allocate available resources effectively, it is imperative to prioritise infringement targets, since taking action against all infringement is near impossible. View PDF

Chairs, chocolate and challenging decisions: an overview of IP case law

In the wake of a Supreme Court judgment of June 27 2012, creative industrial design and distinct applied arts will enjoy a broader scope of protection in Norway. View PDF

Securing claims through civil proceedings

Examining a civil law case requires time for explanations and decisions. During the course of the examination of a case by a court, changes can often occur in the parties’ procedural situation which renders the court judgment unenforceable or can prevent it from having intended legal consequences. View PDF

SPCs for medicinal and plant protection products: new considerations

When Romania joined the European Union on January 1 2007, new regulations regarding industrial property protection came into force. View PDF

The evolution of IP law: new trends and challenges

In Spain, only commercial courts can hear cases related to industrial or intellectual property and unfair competition. There are commercial courts seated in every capital city of Spain’s 52 provinces. View PDF

Keeping up with IP developments

During the past year Sweden signed the controversial Anti-counterfeiting Trade Agreement (ACTA), only to see it struck down by the European Parliament. View PDF

Further protection and enforcement of IP rights

Despite the economic problems in neighbouring Europe, Turkey had the second-fastest growing economy of all the major G20 economies, with an increase of 8.5% in 2011 on top of a 9% increase in 2010. View PDF

Selected IP highlights for 2012 in the United Kingdom

The United Kingdom saw a number of significant developments in IP law during 2012. This chapter looks at some highlights that may be of general interest. View PDF

Legal perspectives: Asia-Pacific

Standing equal on the global IP stage?

The Intellectual Property Laws Amendment (Raising the Bar) Act 2011 was passed in late February 2012, increasing patentability standards in Australia and aligning them more closely with legal tests in Europe and the United States. View PDF

Spotlight on IP rights protection and enforcement

China showed no signs of slowing down when it came to the protection and enforcement of intellectual property during the past year. View PDF

Welcoming in the new royalty regime

On June 21 2012 the Copyright Amendment Act 2012 came into force, making the most significant changes to Indian copyright law since the introduction of the Copyright Act 1957. Although the law has been amended since 1957 (most notably in 1994), the new act constitutes a fundamental shift in copyright legislation. View PDF

Can watching YouTube be the basis for arrest under the Copyright Act?

On June 20 2012 the Diet passed a bill to amend the Copyright Act containing a provision on penalising illegal downloading. Somewhat surprisingly, this bill was passed quickly without substantive discussion, despite its controversial content. View PDF

Recent developments in licensing laws and their impact on IP owners

This chapter examines recent developments in licensing laws and their potential impact on businesses and IP rights owners and licensees in the context of trademark law. View PDF

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